Prohibiting Fair & Honest Discussion Infringes Media Freedom: Kerala HC Quashes Defamation Case Against News Channel Editors For Discussion On Book On Mata Amritanandamayi
The Kerala High Court quashed a defamation case against the Executive and Chief Editors of the Reporter Channel observing that prohibiting fair and honest discussion of the contents of a book on Mata Amritanandamayi will infringe the freedom of speech available to the media.
The management of the Reporter Channel had aired a program called “Big Story” wherein the contents of a book called “Holy Hell” published by a foreigner against Mata Amritanandamayi was the topic of discussion. The Court was surprised to notice that the author and publishers of the book were not prosecuted in the case and accordingly stated that prosecution for defamation should not be on a ‘pick and choose’ basis.
A Single Bench of Justice P.V. Kunhikrishnan observed, “Petitioners in this case who are media persons are only discussing about a book which is available in the public domain and I am also of the considered opinion that, it is the duty of the media persons to discuss such things in the public domain to see that the matter is reached to the people…A reading of the contents of the program which is extracted in the complaint, makes it clear that, it is only a fair and honest discussion of the book’s contents. If that is prohibited, it will infringe the freedom of speech available to media.”
Advocate C.P. Udayabhanu appeared for the petitioner, while PP Nima Jacob represented the respondent.
The case was filed by an ardent devotee (complainant) of Mata Amritanandamayi on allegations of defamation under Sections 499 and 500 of the IPC. The program, "Big Story," featured discussions on the contents of a book authored by Gail Tredwell (foreign national), which contained allegations against Mata Amritanandamayi and her ashram.
The complainant alleged that the imputations made during the program defamed Mata Amritanandamayi, her ashram, and herself, as they suggested that she had been impregnated by persons other than her husband, thereby defaming her.
The petitioners contended that the book was already in the public domain and available for purchase and that their discussion on its contents did not constitute defamation. They argued that even if the allegations in the complaint were accepted, no offence under Section 500 of the IPC was made out, making the continuation of the complaint an abuse of the court process.
The High Court delved into the interpretation of “some person aggrieved by the offence” under Section 199 of the Cr.P.C. The Court explained that a complaint can be made only by a person aggrieved by the offence under Chapter XXI of the IPC and the aggrieved person need not be the defamed person. But, there should be a direct nexus between the imputation and the complainant.
“Respondent clearly stated in her complaint that she is an ardent devotee of Mata Amritanandamayi. She narrated her attachment to Mata Amritanandamayi as a devotee in the complaint. Therefore, it cannot be said that if any defamatory statement is made by the accused against Mata Amritanandamayi, the devotees of Mata Amritanandamayi will not come within the purview of some person aggrieved,” the Court explained.
“This Court perused the above books. It is true that there are serious allegations against Mata Amritanandamayi and the Math of Mata Amritanandamayi. There are serious allegations against the inmates of Mata Amritanandamayi also in this book,” the Court noted.
Therefore, the Court stated that when a book is published by an author through a publication agency and is in the public domain, media persons have a “duty” to discuss it. They cannot be kept "mum" by filing defamation complaints without first arraigning the author or publisher of the book.
Consequently, the Court held, “The upshot of the above discussion is that the proceedings against the petitioners is to be quashed.”
Accordingly, the High Court allowed the petition.
Cause Title: Prakash & Anr. v. Vandana & Anr. (Neutral Citation: 2024:KER:58253)
